IN THE CIRCUIT COURT OF JEFFERSON COUNTY_ ALABAMA

Document Sample
IN THE CIRCUIT COURT OF JEFFERSON COUNTY_ ALABAMA Powered By Docstoc
					                                                                         ELECTRONICALLY FILED
                                                                             6/29/2011 11:48 AM
                                                                             CV-2011-902334.00
                                                                            CIRCUIT COURT OF
                                                                      JEFFERSON COUNTY, ALABAMA
                                                                        ANNE-MARIE ADAMS, CLERK
            IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA

                                   CIVIL ACTION NO:

SHELETTA RENEE KEITH, an individual,

      Plaintiff,

vs.

CRANE WORKS, INC., a corporation; RONNIE LEE OWESNBY, II, an individual; NO. 1,
whether singular or plural, plaintiff hereby intending to designate the driver of the
motor vehicle which collided with the plaintiff and whose negligence caused the
plaintiff’s injuries and damages on the occasion made the basis of this suit; NO. 2,
whether singular or plural, plaintiff hereby intending to designate the owner of the
motor vehicle which collided with the plaintiff on the occasion made the basis of this
suit; NO. 3, whether singular or plural, plaintiff hereby intending to designate that
entity or those entities who or which were the master or principal of the driver of the
motor vehicle which collided with the plaintiff on the occasion made the basis of this
suit; NO. 4, whether singular or plural, plaintiff hereby intending to designate that
entity or those entities for whom the driver of the motor vehicle which collided with
the plaintiff was performing some type of service or employment duty at the time of
this collision; NO. 5, whether singular or plural, plaintiff hereby intending to
designate that entity or those entities or that individual or those individuals who or
which negligently entrusted the motor vehicle which collided with the plaintiff to the
driver at the time of this collision; NO. 6, whether singular or plural, plaintiff hereby
intending to designate the entity or those entities on whose behalf the vehicle
involved in the collision made the basis of this lawsuit was being operated at the
time of said occurrence; NO. 7, whether singular or plural, plaintiff hereby intending
to designate that entity or those entities who or which issued any policy of insurance
which                provided             coverage              for             plaintiff’s
injuries received on the occasion made the basis of this lawsuit, including, but not
limited to, uninsured motorists coverage; NO. 8, whether singular or plural, plaintiff
hereby intending to designate that entity or those entities who or which provided any
insurance coverage for any part of the motor vehicle, owner or driver, involved in the
occurrence made the basis of this lawsuit, for the driver of each such respective
vehicle or for any of the named fictitious parties defendant listed or described herein;
NO. 9, whether singular or plural, plaintiff hereby intending to designate that entity or
those entities, that individual or those individuals, other than those individuals and
entities named above, whose negligence, wantonness, or other wrongful conduct
contributed to cause the occurrence made the basis of this lawsuit; NO. 10 whether
singular or plural, plaintiff intending to designate hereby that entity or those entities
who or which provided any insurance coverage, of whatever kind or character, to any
of the named or fictitious defendants herein; NO. 11, whether singular or plural,
being that person, firm, corporation or other entity who or which is the successor-in-
interest, predecessor, or correct legal designation of any of the entities described
above. Plaintiff avers that the true identity of the foregoing fictitious party
defendants is otherwise unknown to the plaintiff at this time, or, if their names are
known to the plaintiff at this time, their identities as proper parties defendant are not
known to the plaintiff at this time but their true names will be substituted by
amendment when the aforesaid lacking information is ascertained,

        Defendants.



                                           COMPLAINT



        1.        The Plaintiff, SHELETTA RENEE KEITH, (hereinafter “Keith”), is over the age

of nineteen and is a resident of the State of Alabama.

        2.        The fictitious parties are those entities or individuals who proximately caused

the injuries and damages claimed herein. Plaintiff avers that the true identities of the

foregoing fictitious party defendants are otherwise unknown to the plaintiff at this time, or, if

their names are known to the plaintiff at this time, their identities as proper party defendants

are not known to the plaintiff at this time but their true names will be substituted by

amendment when the aforesaid lacking information is ascertained.

                                               FACTS

        3.        On or about the 25th day of October, 2010, Keith was passenger in a motor

vehicle traveling on East Street (Alabama Highway 77) at North Street, which is located in

Talladega, Talladega County, Alabama. At said time and place, Defendant, Ronnie Lee

Owensby, II (hereinafter “Owensby”) was on or about the business of Defendant, Crane

Works, Inc. (hereinafter “Crane Works”), when he negligently, wantonly, and recklessly

operated his vehicle by driving into Keith’s vehicle, thus causing Keith to sustain serious

personal injuries.

                                     COUNT I - NEGLIGENCE

        4.        Keith re-asserts, re-alleges and incorporates paragraphs 1-3 as if set out

herein in full.
       5.      Keith contends that Owensby, acting in the line and scope of his employment

with Crane Works, had a duty to operate his vehicle in a safe manner and consistent with the

Rules of the Road of Alabama. Keith contends that Owensby breached said duty by failing to

operate his motor vehicle in a safe manner, by failing to keep a proper lookout for other

vehicles, and running into Keith’s vehicle.

       6.      Keith avers that said negligent conduct of Owensby was the direct and

proximate cause of the injuries and damages to Keith.

       7.      Keith was caused to suffer injuries including injuries to her spine, shoulder,

neck, hip, knee, and body as a whole. She was otherwise injured, suffered pain of body and

mind, and substantial expenses for medical treatment, lost wages, loss of future earning

capacity and sustained a permanent injury.

       WHEREFORE, PREMISES CONSIDERED, Keith claims judgment against Owensby

and Crane Works for compensatory damages, in an amount to be determined by the trier of

fact, plus court costs.

                                   COUNT II - WANTONNESS

       8.      Keith, re-asserts, re-alleges and incorporates by reference paragraphs 1

through 7 as if set out herein in full.

       9.      Keith maintains that the conduct of Owensby, rose to the level of wantonness

because he knew or should have known that as a result of his conduct Keith would likely be

injured.

       10.     As a direct and proximate result of Owensby’s wanton conduct, Keith was

caused to suffer permanent bodily injuries and damages as set forth above.

       WHEREFORE, PREMISES CONSIDERED, Keith claims judgment against Owensby

and Crane Works for compensatory and punitive damages, in an amount to be determined

by the trier of fact, plus court costs.
                                       Respectfully Submitted,



                                       /s/ Matthew J. Smith
                                       Matthew J. Smith (SMI322)
                                       Attorney for Plaintiff
                                       517 Beacon Parkway West
                                       Birmingham, Alabama 35209
                                       (205) 328-4263

Plaintiff’s Address:

Sheletta Renee Keith
c/o Matthew J. Smith
517 Beacon Parkway West
Birmingham, Alabama 35209


Please Serve Defendants Via Sheriff:

Crane Works, Inc.
C/O Steve Upton
2728 Rev. Abraham Wood, Jr. Blvd.
Birmingham, AL 3520

Ronnie Lee Owensby, II
              IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA

SHELLETA RENEE KEITH, an individual,

       Plaintiff,                              CIVIL ACTION NO:

vs.

JOSHUA OWENSBY, an individual,

       Defendant.



      PLAINTIFF’S FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION
                     TO DEFENDANT, RONNIE LEE OWENSBY, II



        COMES NOW the plaintiff in the above-styled cause and requests that defendant,
Ronnie Lee Owensby, II (hereinafter referred to as "defendant"), answer the following
interrogatories and requests for production within the time required by the Alabama Rules of
Civil Procedure. In addition, plaintiffs request that defendant attach a copy of each and every
document referred to in any of the interrogatories or in defendant's response thereto or that
defendant state the date and time that said documents will be produced for inspection and
copying at the offices of plaintiffs’ attorneys.

         NOTE: These interrogatories and requests for production shall be deemed continuing
so as to require supplemental answers upon receipt of additional information by this
defendant's attorney subsequent to its original response. Any such supplemental answers are
to be filed and served upon counsel for plaintiff within thirty (30) days from receipt of such
additional information but not later than the first day of the trial of this cause.

                                       INTERROGATORIES

       1.      Please state your full name, address and present employment.

       2.      State whether or not you were the operator or an occupant of a vehicle that was
involved in a collision on October 25, 2010.

      3.     State the name and address of the owner and all occupants of the vehicle that
you were operating at the time of the collision.

        4.      State where you had been just before the collision, where you were going at the
time of the collision, and the purpose of the trip.

      5.      State the name and address of each person, including experts, having any
knowledge of relevant facts related to the collision that is the basis of this suit, its cause, or the
damages resulting from it.

         6.    State the name, address and qualifications of each expert who may be called as
an expert witness at the trial of this case, the subject matter concerning which the expert will
testify, the mental impressions and opinions held by the expert and the facts known to the
expert (regardless of when the factual information was acquired) which relate to or form the
basis of the mental impressions and opinions held by the expert.

       7.     Please state the name and address of any consulting expert whose report or
work product was reviewed by a testifying expert witness in this case.

       8.     Please state whether you have a copy of any statement that the plaintiff has
previously made concerning the action or its subject matter and that is in your possession,
custody or control.

       (For the purpose of this question, a statement previously made is (1) a written
       statement signed or otherwise adopted or approved by the person making it, or
       (2) a stenographic, mechanical, electrical, or other recording, or a transcription
       that is a substantially verbatim recital of an oral statement by the person making
       it and contemporaneously recorded.)

         9.      Describe any insurance agreement under which any insurance business may be
liable to satisfy part or all of the judgment that may be entered in this action, or to indemnify or
reimburse for payments made to satisfy the judgment, by stating the name of the insurer and
the amount of any liability insurance coverage.

       10.     Describe in your own words how the collision occurred and state specifically and
in detail what the claim or contention of the defendant will be regarding any cause or
contributing cause of the collision, including a statement in detail of the facts or information
upon which this contention is based.

        11.   State the speed of your vehicle at all times material to the collision in question,
including specifically your speed at the time of impact. If your brakes were on at the time of
impact, please state your speed before applying your brakes.

        12.    State in detail what intoxicating beverages, if any, you had consumed and what
drugs or medications, if any, you had taken during the 24-hour period immediately preceding
the collision.

       13.     Describe in detail what damage, if any, was done to the vehicle in the collision,
and give the cost of repair to the vehicle.

       14.     Describe in detail what injuries, if any, you received in the collision.

       15.     Describe in detail any conversations you have had with the plaintiff’s
representative(s) following the collision in question.

       16.    State your date of birth, driver's license number, social security number, and
what other names you have gone by during your lifetime.

         17.  Describe any information you have indicating or any reason you have to believe
that there was any defect or failure on the part of any vehicle or equipment involved in the
collision.

      18.     State whether you were acting within the course and scope of any agency,
employment, or service at the time of the collision, and describe the type of relationship of the
persons involved.

       19.     Describe any criminal records you may have, including the nature of the charge,
date, place of arrest, and conviction, if any.

        20.   State whether you owned a cellular phone on the date of this incident. If so,
state the name of your provider and the cellular phone number of that phone.

       21.   List all of your relatives that are 19 years of age or older that presently reside in
Jefferson County, Alabama.

        22.     Produce any photographs you, your insurance company, or attorney have which
depict any of the following:

           a.   the accident scene;
           b.   the vehicles involved in the wreck;
           c.   the plaintiff; and
           d.   any photographs depicting the defendant's injuries.



                                                 /s/ Matthew J. Smith
                                                 Matthew J. Smith (SMI322)
                                                 Attorney for Plaintiff
                                                 517 Beacon Parkway West
                                                 Birmingham, Alabama 35209
                                                 (205) 328-4263


    PLEASE SERVE THESE INTERROGATORIES AND REQUESTS FOR PRODUCTION
                    WITH THE SUMMONS AND COMPLAINT

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:14
posted:8/21/2011
language:English
pages:7